erm of this Transaction, (9 the Shares hereunder are, or become, the subject of a Tender Offer and (ii) the parties agree that, as a consequence of the Tender Offer, the definition of "Shares" shall be adjusted to reflect the Confidential EFTA00614342 New Shares: Consequences of Merger Events: Share-for-Sh

rm of this Transaction, (I) the Shares hereunder are, or become, the subject of a Tender Offer and (II) the parties agree that. as a consequence of the Tender Offer, the definition of "Shares" shall be adjusted to reflect the consideration for Shares participating in such Tender Offer, then, notwithstanding an

erm of this Transaction, 0) the Shares hereunder are, or become, the subject of a Tender Offer and (ii) the parties agree that, as a consequence of the Tender Offer, the definition of "Shares" shall be adjusted to reflect the Confidential CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL SDNY_GM_

rm of this Transaction, (I) the Shares hereunder are, or become, the subject of a Tender Offer and (II) the parties agree that, as a consequence of the Tender Offer, the definition of 'Shares" shall be adjusted to reflect the consideration for Shares participating in such Tender Offer, then, notwithstanding an

nds to the Affiliated Members. 3.2.5 Unless otherwise agreed with a particular Member, after thirty (30) calendar days following the completion of the Tender Offer, each Member shall be released from further obligations with respect to its unfunded Capital Commitment except to the extent as reasonably determin

nds to the Affiliated Members. 3.2.5 Unless otherwise agreed with a particular Member, after thirty (30) calendar days following the completion of the Tender Offer, each Member shall be released from further obligations with respect to its unfunded Capital Commitment except to the extent as reasonably determ

se of Proceeds (i) Fund the purchase price and =ccrued and unpaid interest for all of the Tender Notes validly tendered =nd accepted for payment in the Tender Offer, (ii) fund the redemption =rice and accrued and unpaid interest for any of the Any and All Tender Notes that remain outstanding after the completion

n. (a) The information set forth in Section 9 of the Offer to Purchase is incorporated herein by reference. (b) Not applicable. Item 3. Purpose of the Tender Offer and Plans or Proposals of the Issuer or Affiliate. (a)-(j) The information set forth in the Introduction to and in the section entitled "Background